Category: Judgments 2017
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Created: 2017-12-20
Size: 155 KB
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Created: 2017-12-20
Size: 347.34 KB
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Income tax – rebate paid to motor manufacturers to encourage rationalisation of models – rebate dependent upon capital investment made by manufacturers in order to rationalise – rebate of a capital nature and not taxable.

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Created: 2017-12-13
Size: 552.63 KB
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Disclaimer and admission in relation to the trade mark ‘CLEARVU’ – registration of mark giving no right to the exclusive use of the words ‘clear’ and view’ separately and apart from the mark – admission that the registration of this mark shall not debar others from the bona fide descriptive use in the course of trade of the words ‘clear view’ and ‘view’.
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Created: 2017-12-13
Size: 324.44 KB
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Interpretation and application of Road Accident Fund Act 56 of 1996 and Regulations thereunder – primary purpose of Appeal Tribunal is to determine a dispute concerning seriousness of injury – Appeal Tribunal does not have final say on question of link between the driving of a motor vehicle and the injuries allegedly sustained – causation to be determined by court.
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Created: 2017-12-13
Size: 460.9 KB
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Interpretation and application of s 40(1) of the South African Schools Act 84 of 1996 – subsection provides for joint and several liability – fee-exemption applications can, however, be processed in terms of the Act and the Regulations to enable single parents separated from their partners or divorced from a spouse to have their applications assessed in relation to their own personal circumstances and not on combined income.
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Created: 2017-12-13
Size: 501.41 KB
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Refugees Act 130 of 1998 – ss 21 and 22 – contravention of ss 9 and 49(i) of the Immigration Act 13 of 2002 – respondent found in possession of fraudulent asylum seeker permit and failure on his part to apply for asylum without delay – respondent not entitled to rely on protection afforded by Refugees Act – appeal upheld - appellant entitled to deal with respondent in terms of the provisions of ss 32 and 34 of the Immigration Act.
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Created: 2017-12-06
Size: 279.03 KB
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Interpretation – Sale Agreement – Indemnity and Undertaking – respondent to provide vacant occupation – reciprocity principle applicable – the obligations interlinked – remedy – judgment suspended until vacant occupation is given – counterclaim – absolution from the instance.

Created: 2017-12-06
Size: 210.8 KB
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Validity of an investment consulting agreement – whether the signatories who signed the agreement on behalf of the appellant had authority – whether the agreement was ultra vires the rules of the appellant.

Created: 2017-12-06
Size: 238.22 KB
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Application for leave to appeal to this court from Electoral Court in matters involving municipal elections - leave granted - objections in one matter not material - in the other incorrect conclusions of fact - appeals upheld - Electoral Commission decisions confirmed.
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Created: 2017-12-05
Size: 139.71 KB
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Criminal Law and Procedure: appeal to high court against conviction of rape: after notice to appellant sentence increased to life imprisonment: court entitled to increase sentence in terms of s309 (3) of the Criminal Procedure Act 51 of 1977: sentence disproportionate: sentence of regional court reinstated.
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